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Management Bulletin 07-01


Child Development Division

Subject: Changes in Law Affecting Child Care and Development Programs Number: 07-01
Authority: Education Code sections 8222, 8222.5, 8250, 8499, 17609, 17610, 17610.1 and 17612; Food and Agricultural Code sections 13181, 13183, 13185, and 13186; Health and Safety Code Section 1596.794

Date: January 2007

Expires: Until Rescinded

ATTENTION: Executive Officers and Program Directors of All Child Care and Development Programs

PURPOSE

The purpose of this Management Bulletin is to provide child care and development contractors with a description of the programmatic and policy direction changes made necessary as a result of statutes enacted in the last legislative session.

STATUTORY CHANGES

Assembly Bill 1808; Committee on Budget (Chapter 75, Effective July 12, 2006)

Assembly Bill (AB) 1808 amended California Education Code (EC) Section 8222 and deleted EC Section 8222.5. The specific changes and impact on child development contractors were described in Management Bulletin 06-16.

AB 1967; Committee on Education (Chapter 730, Effective January 1, 2007): Technical Clean-Up

AB 1967 made technical amendments to EC sections 8250 and 8499(b). In Section 8250, the term severely handicapped was replaced with severely disabled and the reference to children with special needs was changed to children with exceptional needs. In Section 8499(b) the definition of child care was changed to thirteen instead of twelve to reflect the correct age eligibility and the term special needs was replaced with exceptional needs.

AB 2865; Torrico (Chapter 865, Effective January 1, 2007): Pest Management

AB 2865 amends EC sections17609, 17610, 17610.1, and 17612; Food and Agricultural Code sections 13181, 13183, 13185, and 13186; and added Health and Safety Code Section 1596.794.

The EC was amended to expand the definition of “school-site” to include licensed child care facilities for purposes of the Healthy Schools Act (HSA) of 2000. The purpose of the HSA is to facilitate the adoption of effective least toxic pest management practices at school sites in order to reduce children’s exposure to toxic pesticides. The HSA also includes the voluntary adoption of integrated pest management (IPM).

IPM is defined as a pest management strategy that focuses on long-term prevention or suppression of pest problems through a combination of actions such as monitoring for pest presence, using non-chemical practices in areas where pests are usually found to make the area less attractive to pest development, and improving sanitation. Pesticides used should only be those that pose the least possible hazard and are effective in a way that minimizes risks to people, property, and the environment.

AB 2865 requires licensed child development centers to:

The use of certain pesticides is prohibited at school sites. A list of prohibited pesticides External link opens in new window or tab. (PDF) is available.

AB 2865 requires the DPR to do all of the following:

The DPR has also created a publication entitled “The Healthy Schools Act and Child Care Facilities" External link opens in new window or tab. (PDF).

The California Department of Social Services, Community Care Licensing Division, shall serve as the liaison to licensed child care facilities, as needed, but is not responsible for enforcing the provisions of the law.

Here is the complete text of the chaptered legislation for AB 2865 External link opens in new window or tab. (PDF).

Please direct any questions you may have to your assigned Child Development Division Field Services Consultant.

This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to California Education Code Section 33308.5.

Questions:   Early Education and Support Division | 916-322-6233
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